FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : HSE SOUTH - AND - A WORKER (REPRESENTED BY SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION) DIVISION : Chairman: Mr Duffy Employer Member: Ms Doyle Worker Member: Ms Tanham |
1. Appeal of Rights Commissioner Recommendation No r-106728-ir-11/EH
BACKGROUND:
2. This is an appeal by the worker of Rights Commissioner Recommendation No r-106728-ir-11/EH. The issue concerns a Social Care Worker employed by the HSE who is seeking incremental credit for previous experience in the role. The Union's position is that the worker attained the required educational qualification for the Social Care Worker role and that she carried out the role throughout the training process. The Union is seeking that the worker be awarded incremental credit for the experience gained.
Management's position is that the worker may have carried out the Social Care Worker role while attaining her qualifications but that as she was not formally qualified, she would have been working alongside a qualified Team Leader at all times. Management contend that the worker was placed on the appropriate rate of pay on appointment to the position. In addition the worker retained her "Waking Night Staff" rate of pay at the time whereas the trainee rate of pay for the Social Care Worker grade was lower.
The matter was referred to a Rights Commissioner for investigation. His Recommendation issued 14th September 2011 and did not find in favour of the worker's claim. On the 14th October 2011, the worker appealed the Rights Commissioner's Recommendation in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 20th September, 2012
UNION'S ARGUMENT:
3 1 The worker was initially employed as a " Waking Night Staff" and subsequently undertook the required educational requirements for the Social Care Worker role. While studying, the worker carried out the Social Care Worker role and gained valuable experience for which she should receive incremental credit.
COMPANY'S ARGUMENTS:
4 1 The worker remained on the waking night staff rate of pay while she attained the appropriate qualifications even though there was a lower rate of pay for trainees. The worker should not receive incremental credit as she was placed on the appropriate point of the scale on appointment and in compliance with Circular 10/71
DECISION:
Having considered the submissions of the parties the Court is satisfied that the conclusions reached by the Rights Commissioner are correct and that his Recommendation is reasonable.
In these circumstances the appeal is disallowed and the recommendation of the Rights Commissioner is affirmed.
Signed on behalf of the Labour Court
Kevin Duffy
11th October 2012______________________
AHChairman
NOTE
Enquiries concerning this Decision should be addressed to Andrew Heavey, Court Secretary.